Vinod K.Sharma, J. - (1.) Present revision petition has been filed against the order dated 19.7.2006 passed by the learned Additional Civil Judge (Senior Division), Garshankar rejecting the application moved under Order 6 Rule 17 of the Code of Civil Procedure for the amendment of the written statement. The plaintiff-respondent had filed a suit for possession claiming to be the owner of the property in dispute. During the pendency of the suit it is alleged that the petitioners herein have exchanged certain land with Amar Chand co-owner of the property in dispute on 23.6.2004.
(2.) The claim of the applicant-petitioners was that in pursuance to the said exchange it has become necessary to amend the written statement by adding the following para after para No.2 of the written statement:- "The defendants have come co sharer in Khasra No.661 by exchange of their land with Amar Chand. The defendants have given 2 kanals 4 marlas of land, out of khasra No.682 (2-7), 674 (3-14), 900/691 (9-10), 631 (3-17), situated in Village Rattanpur to Amar Chand and in exchange got 2 kanals 4 marlas of land in khasra no.660 (3-4), 661 (3-8) situated in village Rattanpur from Amar Chand on 23.6.04. The mutation No.335 of exchange has been entered and sanctioned in favour of defendants. The exchange has been duly acted upon and the defendants are in joint possession over khasra No.661. Thus, the defendants have become owners/co-sharers in khasra No.661 in dispute to the extent of 1/3rd share. The plaintiff has no right to get possession from the defendants, until and co sharers by metes and bounds. The suit is not maintainable."
(3.) In addition to the above petitioners sought to add the following para in para No.3: "The defendants are in possession as co-sharers. There is no question of encroachment.";